HomeMy WebLinkAbout20230683 26 Joseph Street Area Variance NOD pTOGA CITY OF SARATOGA Gage Simpson,Chair
Brad Gallagher,Vice Chair
Cheryl Grey
SPRINGS Emily Bergmann
- ZONING BOARD OF APPEALS Shafer Gaston
Brendan Dailey
Jonah Cohen
CITY HALL-474 BRoADwAY John Daley,Alternate
�RPQRATE 4 1� SARATOGA SPRINGS,NEW YORK 12866
518-587-3550 Alice Smith,Alternate
W W W.SARATOGA-SPRINGS.ORG
920230683
IN THE MATTER OF THE APPEAL OF
Christian Drumm
75 Willett Street
Albany NY 12210
from the determination of the Building Inspector involving the premises at 26 Joseph Street in the City of
Saratoga Springs,New York being tax parcel number 165.82-1-72,in the UR-2 district on the Assessment
Map of said City.
This being an application for an area variance under the Unified Development Ordinance of said City to
permit the installation of a patio and pergola and public notice having been duly given of a hearing on said
application held on November 6, 2023 through November 20, 2023
In consideration of the balance between benefit to the applicant with detriment to the health, safety, and
welfare of the community, I move that the following area variances for the following amounts of relief:
TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED
REQUIREMENT
REAR SETBACK TO PATIO 25' 21' 4' OR 16%RELIEF
REAR SETBACK TO PERGOLA 25' 24' 1' OR 4%RELIEF
As per the submitted plans or lesser dimensions, be approved for the following reasons:
l. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant.
Per the applicant,they would like to add a patio and pergola to the rear of the house and have determined
a smaller size would not meet the needs of the applicant. The applicant considered the possibility of
making the patio and pergola into an irregular shape to conform to the angle of the rear property line,
however,no pergola manufacturer was willing to provide a unit with such a design. The applicant also
considered a zoning-compliant detached structure to replace the pergola,but a drainage easement at the
rear of the property precluded such an option.
2. The applicant has demonstrated that granting these variances will not create an undesirable change in
neighborhood character or detriment to nearby properties. The applicant notes that the proposed patio and
pergola will not be visible from the front of the property, and thus will have no impact on the character of
the neighborhood as viewed from the public Right-of-way.
3. The Board notes the requested variance is not substantial.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or
district. Permeability will meet the district requirement.
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5. The alleged difficulty is self-created insofar as it is motivated by the applicant's desire to install a patio
and pergola to the rear of the house,but this is not necessarily fatal to the application.
It is so moved. Dated:November 20, 2023
Adopted by the following votes:
AYES: 7 (G. Simpson, S. Gaston, C, Grey, B. Gallagher, B. Dailey, J. Cohen, A. Smith)
NAYES: 0
This variance shall expire 18 months following the filing date of such decision unless the
necessary building permit has been issued and actual construction begun as per the Unified
Development Ordinance.
I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the
Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven
members of the Board being present.
SIGNATURE: 11/28/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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